Dedicated to Preserving the Rural
Character of Woodinville
10/12/22 City Council Mtg Oct 18th
10/21/19 CNW Endorsements
10/07/19 Meet the Candidates
05/09/14 CNW Celebrates Vote
03/17/14 Important City Council Vote
11/28/13 We're Thankful For
02/19/13 CNW News and Updates
01/29/13 CNW News and Updates
12/08/12 Montevallo Permit Application
09/05/12 Community Meeting 9/6
06/04/12 Updates on Important Topics
04/15/12 Protecting Our R1 Neighborhoods
04/02/12 You Make Difference!
02/28/12 Woodtrails Again!
05/09/14 CNW Celebrates Vote
06/16/11 CNW Prevails!!
07/11/10 Supreme Court Will Review
01/04/10 The Journey Continues
04/05/09 Wood Trails/Montevallo Update
03/08/08 Another Victory Celebration
02/18/08 We Won - Part II
08/13/07 Victory is Ours!
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There have been some important new developments in our legal battle with Phoenix concerning the Wood Trails/Montevallo rezone.
We believe that CNW and the City have a strong legal case, but we need your continued support: We must raise an additional $4000 for this phase of the case, and we would like to pack the downtown Seattle courtroom on April 17.
For those of you interested in more details and a recounting of the history, please continue reading.
We will keep you posted of further developments. As always, please feel free to ask any questions or let us know of information you learn.
Pat yourself on the back as CNW marks its 5th anniversary this April. Thanks for all your continuing support!
History: The city council denied Phoenix Development's request to rezone two parcels from R-1 to R-4. Phoenix then filed a lawsuit against the city and CNW, seeking a court ruling to force the rezone to R-4. The Superior Court (Judge Lum) ruled in favor of the city and CNW, finding that there was sufficient evidence presented to the city council to support the city's decision to deny the rezone request.
Phoenix then filed an appeal with the Court of Appeals. This appeal is presently pending.
Current Status: All parties to the appeal (Phoenix, the City and CNW) have filed their briefs, and oral argument is scheduled for April 17, 2009. In addition, the Building Industry Association of Washington (BIAW) has filed an amicus curiae brief supporting the position of Phoenix. Rick Aramburu, CNW's attorney, is in the process of preparing a brief in response to the one filed by BIAW. This brief is due April 6.
In addition to the above briefs on the merits of the case, CNW's attorney has filed a motion to have one of the appeals court Justices assigned to the case, Justice Susan Agid, recuse herself from the case because her husband is a lobbyist for the Master Builders Association, is on their board of directors, the MBA has lobbied the city in this case (part of the record before the court) and her husband has a direct interest in the outcome of this case. These documents, including the motion for recusal, can be found here.
Timing: Assuming the oral argument goes forward on April 17, we expect a decision from the Court of Appeals approximately 3 months later. We expect that whoever loses will file a request with the Washington Supreme Court to hear the case. The Supreme Court is not required to accept the case for review. They accept approximately 5% of the requests they receive. It takes approximately 7 months for the Supreme Court to decide whether to accept a case for review. If they do not accept the case for review, then the decision of the Court of Appeals will be the final decision in our case. If the Supreme Court accepts the case for review (7 months after the Court of Appeals decision) then all parties will file new briefs with the Supreme Court, the Supreme Court will schedule oral argument, and a decision will be made some months later.
First and best, please help us by writing a check because these recent legal twists have required more effort on behalf of our attorney. Up to this point, we had raised sufficient funds to cover the Appeals Court matters. You may recall that our lawyer’s fee is $250 an hour. Any contributions are appreciated. Our attorney is being very judicious in his expenditures, and the City will also be joining in the recent legal actions to help reduce the cost.
Our Address:
Second, please consider attending the oral hearing. While there will only be 10 minutes of oral arguments per side, the presence of interested citizens should help our case. There are no rebuttals, and the 3-member panel of Appeals Court Justices will not be making a decision that day. We will likely be informed of the decision about 3 months later.
Address for the Court of Appeals:
Court of Appeals, Division I
One Union Square
600 University Street
Seattle, WA 98101